Field Marshal Sarath Fonseka vs. Hon. Upaly Abeyratne et al. – CA WRIT 135/2021-2024

Brief
In Field Marshal Sarath Fonseka v. Hon. Upaly Abeyratne, Hon. Daya Chandrasiri Jayatilaka, Chandra Fernando, Pearl Weerasinghe, and others, the court addressed the lawful authority of the findings and recommendations made by a Presidential Commission of Inquiry. The court held that the impugned findings and recommendations were made in breach of the rules of natural justice and were ultra vires, thus lacking any binding legal effect against the petitioner. The principle reaffirmed is that administrative bodies must adhere to fundamental principles of natural justice, including the right to notice and a fair hearing, before making decisions with adverse consequences. The decision relied on established precedents concerning ultra vires conduct and the mandatory nature of procedural fai

REF: CA WRIT 135/2021-2024 Category: Tag:
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